1993 (5) TMI 4

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... directing the respondent to release the assets mentioned in an order dated February 16, 1993 (annexure "1" to the writ petition). The facts, in brief, are that on September 20, 1990, a first information report was lodged at Police Station, Nauchandi, District Meerut (registered as Crime No. 411 of 1990), under section 7/13(1)(d) of the Prevention of Corruption Act, 1988, against petitioner No.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lery to the Income-tax Department. Having taken possession of the said jewellery and cash, the Income-tax Department proceeded to make enquiry into the matter and eventually concluded that the cash and jewellery belonged to petitioners Nos. 1 and 2. Then, the petitioners approached the respondent to deliver the jewellery and cash back to them. On their request, the respondent passed an order da....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....order, the respondent asked the petitioners to obtain an order from the Allahabad High Court to enable him to take further action in the case. This is how petitioner No. 3 made an application seeking clarification in Writ Petition No. 20555 of 1992 filed earlier in this court, and then this court by order dated March 18, 1993, clarified: "Thus, there is no stay in respect of any proceedings ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t that the subject-matter of investigation in Crime No. 411 of 1990 is the alleged illegal gratification of Rs. 10,000 and not the jewellery and cash recovered from the brief-case and, therefore, the respondent is not right in saying, vide order dated February 16, 1993 (annexure-1 to the writ petition), that the seized assets, namely, jewellery and cash, are the property of Investigation No. Sa. A....